Jurisdiction for 125 crpc maintenance case

How come case is transferred from one court to family court? Challenge it on the ground of jurisdiction.

Sir,

When family court is not there divorce cases are getting trialed in civil judge court and 125 crpc cases are trailed in JMFC. After establising the family in the same city all divorce and 125 crpc cases have been moved to the newly established family court there..

But here the question is after moving the files to family court the judge in family court again asked the petitioner to depose the evidence and in her new evidence she has mentioned a new address in stateB which will not come under the jurisdiction of the original petition where she has filed in stateA JMFC court. 

If we need to challenge it... should it be done at same family court ot high court??

@ Author

@ Legal

1. Your query has missing links. intra - State Trsfr. is allowed only by SC. You forgot to mention what stand your side took before SC !


2. In my opinion your side didn’t depose before SC hence taking asked Objection is a futile exercise is my legal view.


3. Yes, it is a right procedure to take fresh Evidence when ever Court and or PO is changed. Also refer to State B HC’s Circular wherein there might be a particular Circular stating that all cases which are in Evidence stage and or whose Evidence have concluded can't be transferred to new PO and or to new Court and or the Circular might also say that same Judge / Magistrate will here the suit till Final Order.


@ Take:
1.1 I donot see any irrationality in your question.
1.2  Others may have their advise on this reply if any. 

Dear Tajobsindia sir,

Please note that the case has not been transfered from state A to state B. There was no petition in SC from both sides . The case was transfered in state A only from JMFC to family court , as a new family court was established in state A. (without any application from both parties)

Now the question is in state A when family court has taken new deposition of the petiitoner/wife she mentioned that she is living in state B. In that case will the petition maintainable on the ground of jurisdiction as the petition is in state A and the petitioner is staying in stateB

@ Author

@ Legal :


1. Whenever in any District; Family Court under FCA, 1984 is established the Original Civil District Courts Jurisdiction ceases to exists and for the same State's HC passes a Order / Circular from time to time and in presented case briefs it is a perfect procedural aspect to transfer the case to Family Court since it is now established.


2. Still if you are in doubt then I am not stopping you to go to your State's Website and discover yourself such Circular and still any more doubt is left then do pay attention to commentaries on complete S. 8 R/w S. 7 of FCA, 1984 The Act.


3. What point of law counts here is that, at the time of filing Suit where she was staying? If she was staying within Jurisdiction of Ordinary Civil District Court of State A and later when a Family Court was established here then para 1 above is right and valid. Further, if now she is staying at State B and yet she is not complaining of visit to State A Family Court to depose further then what is your Objection - only "Ordinary Residence address" of her is it not so? Well for that she has already updated as you say in opening post (by deposing evidences) so tell me what are your leftover objections now? Nothing is my view.


4. FYI a aggrieved wife under S. 125 CrPC can file such suits from a temp. residence also, however this is besides the point so far as your briefs are concerned as that stage she has already crossed.


May I ask, are you living in State B - I suppose NO and only grievance you seems to have is her "ordinary physical address" as of post date of transfer of original suit from District Court Jurisdiction to Family Court - Right or wrong ! So for that in my core opinion you donot have any locus standi however you may file Objection Application accordingly and discover Rule nissi by Family Court yourself is all I can say as end of my opinion to this post.


Also note Jurisdiction issues are always taken on FIRST opportunity and not later by any Court and for the same especially under maint. Laws it is very very difficult to pass the silver test of Jurisdiction when issues are framed and either party are in evidence stage.


BTW, I differ totally to Ld. Adv. Rajoo's above take. 

Dear Tajobs sir,

Thanks for your reply...

The husband is residing and state B and also wife is staying in state B as per her second deposition. But the case is in state A.

Currently while the husband's evidence is going and is not yet closed, the wife filed a second deposition mentioning her state B address in the second deposition. At this stage, should the husband cross -examine the second deposition or challenge the petition on jurisdiction as she has mentioned in her second deposition in family court the she is residing in state B.

Another concern of the  Husband is... taking the deposition of petitioner second time sumotoly by family court will come under de novo trail or not ?? What happens to the trial and evidence which was collected in JMFC... does the husband needs to adduce all the evidence again???

Can the husband go to high court at this stage to stop the de novo trail and for not having the jurisdiction to entertain the case...

Your suggestions are highly appreciated...